Harvey v. City of Bonner Springs

Citations

• 102 Kan. 9
• 169 P. 563
• 1917 Kan. LEXIS 210

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mob Violence — Death—Action for Damages — Pleadings—Evidence. In an action against a city under section 8822 of the General Statutes of 1915, to recover damages in consequence of the action of a mob, the petition is held sufficient to state a cause of action, and the plaintiff’s evidence is held sufficient as against a demurrer.</p> <p>2. Same — Weight of Evidence for Jiwy. Upon the facts stated in the opinion, it is held that the court committed no error in refusing to direct a verdict for the defendant.</p> <p>3. Same — Defense—Sheriff’s Posse — Deceased Resisting Arrest — Instructions. ' In an action against a city to recover damages for the acts of an alleged mob in causing the death of plaintiff’s husband, the answer alleged that he had committed a felony by shooting at the city marshal with a revolver; .that the city marshal, who was also a deputy sheriff, summoned a posse to aid in arresting him; that he resisted arrest and was killed while in the act of drawing his ■ revolver; and that the killing was justified. Held, that the instructions given correctly stated the law upon the issue raised by the answer.</p> <p>4.. Same — Attempting Arrest of Deceased — Good FaAih Question for Jury. In such a case it is held that it was a question of fact for the jury to determine whether the plaintiff’s husband had committed a felony, and also whether the crowd of men around plaintiff’s house were acting in good faith in attempting to arrest her husband and shot him in the honest belief that it was necessary to do so, or whether, as plaintiff claimed, they formed during the time they were assembled a purpose and intent to take his life, and that in carrying out that unlawful purpose he was killed.</p> <p>5. Same — Wrongful Death — Verdict for Plaintiff Sustained. On the facts stated in the opinion it is held that the court cannot declare as a matter of law that the persons summoned by the officer in the present case did not constitute a